Jyotirmoy Mondal v. State Of West Bengal

10.12.2020 Court No.28 SL No.90 AP CRM 10193 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagdah P.S. Case No.44 of 2020 dated 22nd January, 2020 under Sections 27/27A of the Drugs and Cosmetic Act.

And In the matter of: Jyotirmoy Mondal ....Petitioner.

Mr. Mrinal Kanti Mukherjee ...for the Petitioner.

Mr. Sanjoy Bardhan, Mr. Saryati Dutta ...for the State.

It is submitted on behalf of the petitioner that no contraband was recovered from his possession.

Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the recovery of contraband was effected from an auto-rickshaw standing in the name of the petitioner. We have considered the statement of witnesses who disclose recovery of contraband from an auto-rickshaw owned by the petitioner. No explanation is forthcoming with regard to alleged illicit possession of contraband. Under such circumstances, we are not inclined to grant anticipatory bail to the petitioner. The application for anticipatory bail is, thus, rejected. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)